A Westbrook police officer has returned to active duty after more than a month on administrative leave for firing a weapon at a Portland man in early November.

Although an investigation into the incident by the Maine Attorney General’s Office is not complete, Westbrook police have found no fault in Officer Phil Robinson’s actions and allowed him to return to work Tuesday.

Police said Robinson fired a rifle shot at a pizza-delivery driver at the Westbrook Pointe housing project on Nov. 3 after the driver failed to stop and nearly hit Robinson and another officer. The driver, who was not arrested, said he thought he was being robbed, although both officers were in uniform.

The Westbrook Police Department placed Robinson on paid administrative leave, pending an internal investigation and a review by the Office of the Attorney General. Placing Robinson on leave was at the discretion of the department, as was ending the leave.

“Our investigation didn’t reveal a problem with Officer Robinson’s actions, so we brought him back,” Capt. Tom Roth said Tuesday. “We’re pleased to have him coming back, and we know he was looking forward to coming back.”

The department sent a report detailing the incident to the attorney general last week and was expecting a decision within the week, said Roth. However, the department became concerned that the Office of the Attorney General’s caseload might prevent a quick response and, therefore, ended Robinson’s leave.

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If the attorney general finds no fault in Robinson’s actions, the department would conduct an internal review to see if Robinson followed department policy correctly or would need additional training regarding use of weapons, said Roth.

The district attorney’s office in Portland will decide whether any criminal charges should be levied against either the driver or the person who made the initlal emergency call, which brought police to the scene and proved to be unfounded.

According to the police report, Robinson and Officer Steve Pulsoni responded to a call from the housing project at around 10 p.m., reporting a woman screaming and gunshots near the project’s office. When the two officers arrived at the scene, they spotted a suspicious, unoccupied vehicle with the driver’s door open.

As they approached, police said, a man ran from behind a building, jumped into the vehicle and made a U-turn in an attempt to leave. Police said the man failed to stop the car when commanded by Robinson and Pulsoni and swerved toward Robinson after nearly hitting Pulsoni. Robinson, in fear of being struck, fired at the car, which then stopped.

The officers removed the driver from the car and cuffed him before releasing him without arresting him. No injuries were reported in the incident, and the vehicle received minor damage.

Staff writer Robert Lowell contributed to this report.

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